Thursday, September 11, 2008

HAF Malaysia Policy Brief 2007-08

  • The Hindu minority (7%) suffers from economic, social and educational discrimination,
    while the majority Malaysian Muslims benefit from an affirmative-action policy[1]
  • Hindus and other minorities face increasing religious discrimination, as Islamicisation has
    grown in recent years. Although Malaysia has a parallel court system: secular courts for
    non-Muslims and Sharia courts for Muslims, Hindus and other minorities have, at times,
    been forced to deal with the Islamic courts, where they have faced severe
    disadvantages. Furthermore, Hindus have been denied the right to conduct their funeral
    rites in accordance with Hindu practices, and in one case, lost custody of their child. In
    another case, a Hindu mother, Subashini Rajasingam, lost an appeal to prevent her
    husband, a recent Muslim convert, from changing their 4-yr old son’s religion to Islam.
    The highest court in Malaysia affirmed the ruling of a lower federal court, which granted
    the Muslim husband a right to use the Islamic Sharia courts to seek a divorce, and also
    upheld his right to convert their child to Islam without the mother’s consent. As a result,
    the Hindu mother may lose legal custody over her child, since Malaysia’s Islamic courts
    will not give custody of a Muslim child to a non-Muslim parent. [2].
  • A number of Hindu Temples have been demolished by government authorities, including
    the 100-yr old Maha Mariamman Hindu Temple. According to the Asian Human Rights
    Commission (AHRC), thousands of Hindu Temples have been destroyed over the last 15
    years. Moreover, in contrast to Hindu temples, mosque properties receive favorable
    treatment and public funds [3]

Summary of Recent Events
• A peaceful protest of approximately 10,000 Hindus took place on November 25, 2007.
However, Malaysian authorities used tear gas, chemical laced water cannons and baton
charges to break up the rally; hundreds of protesters were beaten and arrested including
several hundred gathered at the Batu Caves Hindu temple complex.[4 ]
• Prior to the protests, three leaders of a Hindu NGO, Hindu Rights Action Force (Hindraf),
were arrested and charged with “sedition;” Malaysian authorities used repressive tactics
to try and prevent the protest, including placing Kuala Lumpur on virtual lockdown. The
leaders of Hindraf were later released after a court dismissed the sedition charges on
technical grounds[5]
• Hindus organized the protest for the following reasons[6]:
o Submit a petition to the British High Commissioner regarding a lawsuit filed
against the British government for bringing Hindus to Malaysia as indentured
laborers and failing to protect their rights in the Malaysian Constitution
o Bring attention to the economic and social plight of Hindus in Malaysia
o Protest the demolition and destruction of Hindu Temples
• Following the protests, Malaysian Prime Minister Abdullah Badawi threatened to use the
draconian Internal Security Act (ISA), which allows indefinite detention without trial, to
repress protests and demonstrations. The Prime Minister’s threats were strongly
criticized by Malaysian human rights groups and lawyers.[7]
• The dreaded ISA has been used since 1960 as an instrument of oppression and a means
to stifle free speech and political opposition to the government. Under the Act, persons
suspected of threatening national security may be arrested and detained indefinitely
without charges or trial. According to Human Rights Watch, the ISA’s “provisions violate
fundamental international human rights standards, including prohibitions on arbitrary
detention, guarantees of the right to due process, and the right to a prompt and impartial
trial.” Due its vague language, the Act has been employed to arrest and detain
thousands of Malaysian citizens since 1960. Furthermore, persons held in custody under
the ISA have frequently been subjected to physical and mental abuse. [8]
• V Ganapathy Rao, one of the leaders of Hindraf arrested prior to the protests on
“sedition” charges and later released, was re-arrested on November 29, 2007. At least 80
other Hindu activists were charged with illegal assembly for their participation in the
peaceful protests. On December 4, 2007, thirty-one other demonstrators were re-arrested
and charged with attempted murder by the Malaysian government.[9]
• Mr. Waytha Moorthy, the main leader of Hindraf, is in the UK under a self-imposed exile
as he would almost certainly be arrested in Malaysia.
• On December 13, 2007, five Hindraf leaders were arrested under the Internal Security
Act (ISA), for allegedly “carrying out activities that threatened national security.” The
arrested Hindraf leaders included P Uthayakumar, M Manoharan, R Kenghadharan, V
Ganabatirau, and T Vasantha Kumar. Immediately following the arrests, they were
moved to the Kamunting detention center in Taiping, Perak, where they can be detained
for 2 years without any investigation or trial. Malaysian human rights groups, lawyers,
and opposition leader Lim Kit Siang condemned the arrests and strongly criticized the
use of the ISA to target and repress Hindu/Indian leaders and activists.[10]
• The Malaysian government dropped attempted murder charges against the thirty-one
Hindraf activists arrested on December 4, 2007, however, twenty-six of them are still
facing charges for “illegal assembly” and “causing mischief.” Furthermore, the five
Hindraf leaders arrested and detained on December 13, 2007 under the ISA have yet to
be released.[11]
• Malaysian police indicated that they will seek the assistance of Interpol and Europol to
monitor the activities of Hindraf. The motives behind such a move are highly
questionable, however, as this announcement from Malaysian authorities coincided with
reports of Hindraf leader, P Waytha Moorthy seeking international support for the
marginalized Hindu community.[12]
• Sixty-six Hindus, including N Gobalakrishnan, member of the opposition Parti Keadilan
Rakyat (PKR), are scheduled to be tried by a Malaysian court for their prior participation
in a protest rally outside the Batu Caves temple complex on November 25, 2007. The
sixty-six Hindus face charges of “unlawful assembly” and “causing mischief.” [13]
• The Malaysian government is also suppressing freedom of expression by banning
“policewatchmalaysia” (, the official website used by
• A new visa policy was instituted, placing severe restrictions on foreign born Indians
applying for visas to work in Malaysia. According to some reports, the Malaysian
government has placed a complete ban on the issuance of new visas for Indian workers.
The visa restrictions are seen by some as linked to the earlier protests held by Malaysian
Hindus demanding equal rights. [14]
• On February 16, 2008 multinational rallies protesting Malaysia’s policies of religious
apartheid were held across the world, including in Kuala Lumpur, Los Angeles, New
York, London, Dublin, Brussels, Melbourne, Auckland, New Delhi, Mumbai, Chennai,
Singapore, and Jakarta. In Kuala Lumpur, Hindus gathered at Jalan Raja Laut in the city
center to protest the government’s discriminatory policies against Hindus. The protestors
carried roses to symbolize their peaceful struggle for equality. The police, however, used
tear gas, chemical laced water cannons, and physical force to break up the rally. In
addition, close to 200 Hindraf supporters were arrested, and nearly 5,000 temporarily
detained, including women and children. Most of the arrested Hindus were eventually
released, but at least 9 people still remain in police custody. Government authorities
attempted to suppress the peaceful rally by using “racial profiling” and other repressive
tactics by preventing Malaysians of Indian origin from entering Kuala Lumpur and
removing them from buses traveling to the city. Road blocks were also set up to stop
Indians from reaching Parliament, where the rally was originally scheduled to be held.[15]
What Needs to be Done
• Pressure the Malaysian government to protect the human rights of its Hindu minority
• Release all arrested protesters
• Allow Hindus and all minorities to peacefully protest and fully exercise their democratic
• Stop the destruction of Hindu temples and treat all places of worship equally
• The US Government must abandon the proposed Free-Trade Agreement (FTA) with
Malaysia, unless the Malaysian Government drops it ethno-religious affirmative action
policy, which favors the majority Muslim Malays. The FTA as currently constituted would
require both foreign and domestic (non-manufacturing) investors to take on ethnic Malay
partners (who would hold a minimum 30% of share capital). As a result, conclusion of
the FTA with Malaysia would further the uneven distribution of wealth, thereby leaving the
Indian Hindu minority at an increased economic disadvantage.[16]
Why the US Needs to Act Immediately
• It is in America’s strategic interests that democracy and human rights are protected and
promoted in Malaysia, so it can serve as a model in the Muslim world
• Prevent the situation from further deteriorating
• In addition to Hindus, the human rights of other minorities are also at risk

[1] “Indian Protest Rocks Malaysia Ahead of Polls,” The New York Times,
[2] "Pressure on Multi-Faith Malaysia," BBC News, May 16, 2006,
4965580.stm; "Muslim Burial for Malaysian Hero," BBC News, December 28, 2005,
4563452.stm; “Malaysia’s Islamic Officials seize baby from mother who sought a Hindu life,” International Herald
Tribune, April 6, 2007,; “Malaysia
Court Rejects Hindu Bid,” BBC News, December 27, 2007,;
“Malaysia: Hindu Loses Bid to Block Son’s Conversion, The New York Times, December 28, 2007,; “Hindu
Woman’s Divorce Hopes Dashed,” The Times of India, December 28, 2007,
[3] "Demolition of Sri Maha MariAmman Temple,";
"Tempers flare after Malaysia demolishes Hindu Temple," Reuters, November 5, 2007,; "Malaysia: State orchestrated destruction of Hindu
temples," Asian Human Rights Commission - Urgent Appeals, June 15, 2006,
"Pressure on Multi-Faith Malaysia," BBC News, May 16, 2006,
[4] “Indian Protest Rocks Malaysia Ahead of Polls,” The New York Times, ; “Ethnic Indians
stage protest in Malaysia,” NDTV News, November 25, 2007, ;
“Ethnic Edge to Malaysian Rally Politics,” Asia Times Online, Nov. 27, 2006,
[5] “Malaysia Hindu Activists Arrested,” BBC News, November 23, 2007,
7109849.stm; "Malaysia Hindu activists released," BBC News, November 26, 2007,
[6] “Malaysia Police Break Up Rally” BBC News, November 25, 2007,
“In Pictures: Malaysia Protests.” BBC News.
[7] “Malaysia PM Issues Demo Warning,” BBC News, November 27, 2007,
7114858.stm; “Malaysian Lawyers Slam Security Law Threat to Indians,” The Times of India, November 28, 2007,
[8] “Detained Without Trial: Abuse of Internal Security Act Detainees in Malaysia.” Human Rights Watch.
[9] “Ethnic Indian Leader Arrested in Malaysia,” The Times of India, November 29, 2007,;
“Scores Charged Over Hindu Rally,” BBC News, November 28, 2007,
; “26 Indians charged with attempted murder in the wake of banned rally in Malaysia,” International Herald Tribune,
December 4, 2007,
[10] “Malaysia Arrests Ethnic Indians,” BBC News, December 13, 2007,
7142506.stm; “ISA Crackdown: 5 Hindraf Leaders Arrested,” Malaysiakini, December 13, 2007,
[11] “Malaysia Drops Charges Against 31 Indians,” Rediff India Abroad, December 17, 2007,
[12] “Malaysia to Take Interpol’s Help to Monitor Hindraf,” Rediff India Abroad, December 17, 2007,
[13] “Malaysian Court to Try 66 Ethnic Indians for Holding Illegal Rally.” The Times of India, February 2, 2008,
[14] “Malaysia Visa Policy ‘Tightened’.” BBC News. January 9, 2008.
[15] “Malaysian Police Break Up Rally.” BBC News. February 16, 2008.
7248183.stm; “Rose Protest: All But 9 Released.” Malaysiakini. February 16, 2008.; Sources of information are also based on reports from Hindraf contacts on the
ground in Malaysia.
[16] “2007 Investment Climate Statement – Malaysia,” US Department of State,


Upholds Court order to ban Hindraf rally


Upholds Court order to ban Hindraf rally

KUALA LUMPUR: The restriction order issued by the magistrate's court to ban the Hindu Rights Action Force (Hindraf) rally held on Nov 25 last year was valid, the High Court ruled yesterday. It also dismissed the appeal filed by five Hindraf leaders to declare the order null and void. Judge Datuk Mohamed Zabidin Mohd Diah agreed with deputy public prosecutor Raja Rozela Raja Toran that there were no "live issues" before the court.
On Aug 5, Raja Rozela had raised a preliminary objection at the appeal hearing, saying that since the rally had been held, it was a waste of time to dwell on the issue.The five -- lawyers M. Manoharan, V. Ganapathi Rao, P. Uthayakumar, and R. Kengdharan, along with chairman P. Waytha Moorthy -- had appealed against the restriction order earlier this year through their counsel Gobind Singh Deo.They asked the High Court to declare the order, which barred them from holding the rally, null and void. The five claimed that the magistrate had erred because the order was made ex-parte and was defective under the law because it did not specify the restriction address and conditions.

In her objection, Raja Rozela had said the restriction order no longer existed.The ex-parte order, issued on Nov 22, was only valid for seven days.She asked what purpose it would serve to deliberate on an issue that was no longer valid.
In reply, Gobind contended that Raja Rozela's submission that the magistrate's order was academic could not hold ground.


Release ! Hindraf 5 done nothing wrong compare to Ahmad Ismail

Release the Hindraf 5, they did nothing wrong rather than highlight genuine issues of the Indian community unlike this racist Ahmad Ismail remark has cause nationwide furore among the various races in the country and he even resort to incite sentiment among the UMNO Malays to act against the Chinese who is the real threat to national security not the Hindraf 5 , but he is only suspended by UMNO, clearly a double standard and unjust.

KUALA LUMPUR: Umno has suspended Bukit Bendera division chief Datuk Ahmad Ismail for three years over his alleged racist remarks about the Chinese.
The decision was reached at a special meeting of the Umno supreme council held at the PWTC Wednesday afternoon. Prime Minister Datuk Seri Abdullah Ahmad Badawi chaired the meeting.
Abdullah told a press conference after the meeting that Ahmad would also be stripped of all party posts.
The meeting was held after Barisan Nasional component parties said they wanted "immediate and stern action" to be taken against Ahmad during a meeting of the coalition's supreme council on Tuesday afternoon. However, because it involved a party matter, they left it to Umno to act.
The Prime Minister had said on Tuesday that the issue had caused uneasiness, worry and anger among the people.
"Some (component parties) expressed their disappointment over what transpired while some showed anger.
"All of us are of the view that Ahmad's comments are not acceptable at all. What he said has caused anger and concern among the people, non-bumiputras and bumiputras alike, not just in the peninsula but also in Sabah and Sarawak," Abdullah told reporters on Tuesday.
Ahmad stirred a hornet's nest recently when he said in a speech while campaigning for the Permatang Pauh by-election that the Chinese were immigrants in the country and did not deserve equal treatment.
Despite criticisms from various community leaders, he refused to apologise.
- The Star

Budget 2009- Letter from WMP to PM ( No specific allocation for Indians)

Hindu Rights Action Force
No. 135-3-A, Jalan Toman 7,
Kemayan Square,
70200 Seremban, Negeri Sembilan
Malaysia. Tel : +606-7672995/6
Fax: +6-06-7672997

Prime Minister of Malaysia
Minister of Finance
Block Utama,
Bangunan Perdana Putra, Email: Pentadbiran Kerajaan Persekutuan, Email: Putrajaya
Tel: 03 8888 8000

Fax: 03 8888 3444


Re: 1) Budget 2009 - no allocation for Indian poor, Tamil schools and to address
Hindraf’s 18 point demands.

2) Indians yet again excluded from the main stream development of Malaysia.

3) RM 51 Billion for Indians demand.

4) Prime Minister’s circular to all government departments not to exclude the
Indians from the main stream development


At about the same time last year we had submitted a memorandum to your goodselves in effect that the Indians have been excluded from the main stream development for 50 years. We hereby wish to record our protest that for the 51st year running the Indians have yet again been excluded from the main stream development.

(A) Allocation:

In the midterm review of the Ninth Malaysia Plan an amount of RM 230 Billion had been allocated for the various development plans, programmes and agendas. But there was zero allocation for especially 70% of the Indians who are in the lower income category, poor or hardcore poor. For the 2009 Budget that was unveiled on 29/08/08 another grand allocation of RM 207.9 Billion but again the Indians had been left out completely. We take note that for the 147,700 orang asli in Malaysia, RM 160 Million had been allocated for their education alone. We further note that for the RM 3 Million or so natives of Sabah a specific allocation of RM 3 Billion and a further RM 56 Billion to increase food production in Sabah. A specific allocation of RM 3.3 Billion was allocated for the Sarawak Natives. For the poor Malays in the Peninsula Malaysia they are to directly benefit from the lion’s share of the RM 207.9 Billion 2009 Budget. But for the poor Indians there has yet again been zero allocations and at the same time being excluded from benefiting from the RM 207.9 Billion Malaysian mainstream development allocation. The ground reality from the feed back that we gather is that almost all the times the Indians knock at the door of a particular mainstream development plan or programme they are told that the same is only for the Malay Muslims and that the Indians are excluded. And when we question, the UMNO controlled Malaysian government and their cohorts warn us not to question their special privileges which is enshrined in Article 153 of the Federal Constitution. Each time UMNO does not have an answer for their racist and religious extremist doings they either raise the keris or claim the Article 153 privileges which in any event is only a very general Article on a certain percentage of reservation for the Malays (and that too not quantified) in the civil service, scholarships, licenses, educational institutions etc. There is nowhere in Article 153 of the Federal Constitution which stipulates that the Indians are to be excluded from the mainstream development of Malaysia. Article 153 of the Federal Constitution can not be used as a carta blanca for UMNO’s racism and religious extremism in Malaysia. The Indians are protected by Article 153(1) and (7) of the Federal Constitution which provides that Article 153 shall not be at the expense of the other communities (especially the Indians). But just because UMNO has the absolute political power and have full control of especially the police force, army, Attorney General, Courts and the civil service the Indians right to an honest and decent living in Malaysia is trampled with impunity. Might becomes right and the law of the jungle prevails in Malaysia.

(B) Education:

A total of RM 31 Billion has been allocated for education but there has been zero allocation for Tamil schools. About 370 (75%) out of 523 Tamil schools in Malaysia not fully aided by the government and in dilapidated-conditions, infested by white ants, falling apart, catching fire because of the ancient wiring and electrical switch board and posing a danger to the said Tamil school children. In the Tamil school in Tampin Linggi, Port Dickson, the class room roof was simply blown away by strong wind, the class room caught fire and 40 pupils escaped death. (Tamil Nesan 18/06/08 at pg 5).

Out of this RM 1.6 Billion have been allocated for staff and new schools. But zero new Tamil schools has been built in the last 50 years. Tamil Nesan as late as 16/06/08 at page 15 that 1,400 Tamil School temporary teachers need training for the 150,000 Tamil School pupils in Malaysia. Of the 7,800 Tamil school teachers, fewer than 500 are trained to teach in English (NST 30/06/08 at page 24). There are 10,000 Indian families in Kg. Lindungan but the UMNO government has turned down the request for a Tamil school (NST 14/07/08 at page 13). The Seaport Tamil school in SS7, Petaling Jaya which is currently sitting on a 0.6 hectare land and overcrowded has been denied an additional 1.2 hectare land for expansion (NST 14/07/08at page 13). The biggest Tamil school in Malaysia, 104 year old Simpang Lima in Klang with 2,152 pupils and 97 teachers has been denied extra land space or for the school to be divided into two has been denied by the Deputy Education Minister. Also the request for additional teachers, assembly hall, fencing, computer room and part of the school building eaten up by white ants cannot be attended to, says the Deputy Education Minister (Tamil Nesan 14/07/08 page 6).. The Springhill Tamil School, Port Dickson was given a mere peanuts or breadcrumbs RM 25,000 to build three class rooms (Tamil Nesan 17/08/08 page 4). For the balance the Indians are expected to raise the money from the already poor Indian community. Why exclude these Tamil schools from mainstream development.

Article 28 of the United Nations Convention on the Right of the child provides for compulsory and free education for all children. Article 2 of the same convention provides for a child’s right to non discrimination. This convention was adopted by the United Nations General Assembly in November 1989 and Malaysia signed and ratified this convention in 1995. But the ground reality is Tamil schools are excluded from the mainstream Malaysian development with impunity.

Tamil Nesan reported on 02/09/08 at page 18 that only 247 or mere 3.5% of the total 123,919 students who graduated from University Kebangsaan Malaysia (UKM) were Indians. Our estimate is that about 99% of the deserving and qualified Indian students are denied places in public government universities and scholarships for local and foreign universities higher education. The 200,000 places at University UITM by 2010, currently there are 120,000 students [NST 13/08/08 pg 4], [NST 25/06/08 at page 13] are 100% excluded for Indian students. There are 21 Medical schools in Malaysia with some 1,500 students graduating each year [NST 23/03/08 page 20]. But 99% of the deserving and qualified Indian students are excluded from being given places in these Medical schools and also in all the public government universities. When they use their parents hard earned and life long savings, EPF savings or borrow to study at less expensive Universities in India, Russia, Ukraine, Romania and Indonesia the Health Ministry Secretary General Datuk Dr Ismail Merican under UMNO’s instructions throws sand into their rice bowl by de-recognizing most of their medical degrees. Renuvathy the sixth best student in the country with 13 A1s’ did not get a PSD scholarship [NST focus 22/06/08 page 33]. Kamini with10 A1s’ in SPM and all As’ in UPSR and SRP was denied a place to do medicine by way of a government JPA scholarship [Tamil Nesan front page 14/05/08].

57 years old ex-army staff N. Siva Sankaran’s 22 year old son who scored 10 A1s’ in SPM was not only denied a JPA scholarship but was also rejected by University Tenaga Nasional and University Petronas [NST 22/05/08 page 22] and bearing in mind that there are 30,757 University places for the 2008/2009 academic session for post SPM students, 2,000 PSD scholarships for overseas studies worth RM 1.7 Billion @ RM 850,000 per student and 10,000 PSD scholarships for post SPM students to study at the local Universities and the new intake for Degree Programmes this year is 40,000 students [NST 22/06/08 Page 15]. Felda has succeeded in creating 10,000 professionals, doctors, engineers and accountants. But Felda has not created even one professional, doctor, engineer and accountant from among the Indian plantation workers who like the Felda children are also children of plantation workers. [Utusan 22/06/08 pg 3]. 4,970 students studying in the Pusat Pembelajaran Sains fully residential schools majoring in Pure Science, Maths, Additional Maths and English [Utusan 22/06/08 page 3]. Also 30,000 Diploma and another 30,000 in polytechnics, matriculation, Sabah community colleges etc. [Utusan 22/06/08 page 12]. But 99.9% of the deserving, needing and qualified Indians are being excluded. RM 53 Million per year is given out for higher education by Tenaga Nasional Berhad. RM 523 Million together with Yayasan Tenaga Nasional since 1993. Since 1993, 6,800 students have been given scholarships and loans by Yayasan Tenaga Nasional. Currently 2,182 students are being sponsored by Yayasan Tenaga Nasional who are studying in local and foreign Universities. [Utusan 25/06/08 page 16]. But almost all deserving Indians students especially the children of the thousands of Tenaga Nasional staff have been excluded from these upward mobility opportunities [Utusan 25/06/08 page 16]. Kolej Matrikulasi Perak, Gopeng has 2,000 students (but there are zero Indian students) [Utusan 15/07/08, page 25]. RM 3 Billion in study loans for 180,000 students in the private and public higher educational institutions but 99% of the deserving Indians are excluded. Government PTPTN study loans are not offered to hundreds of Indian students studying medicine in Russia, Ukraine, Romania, Poland, Indonesia and India [NST 30/07/08]. For Dentistry graduates from University of Malaya there were zero Indian graduates. There are also zero Indians in the Malay college Kuala Kangsar, Institute Aminuddin Baki, Kolej Tunku Kursiah, Sultan Abdul Hamid College. Our estimate is only 1% of the Maktab Rendah Sains Mara College places are given to Indians although the UMNO government claims 10% are allocated to non Malay Muslims. UMNO has allocated RM 615 Million for maintaining schools and residential schools to ensure that all schools are clean and safe. But to UMNO never mind the hundreds of white ants infested Tamil schools that are falling apart and endangering Tamil school pupils and teachers lives.

(C) Agriculture and Agro based Industries:

RM 56 Billion has been allocated to increase food production in Sabah alone. RM 5.5 Billion allocation for food security for 2008 to 2010. RM 180 Million in cost of living allowance for fishermen, RM 120 Million incentives for fish landing, RM 475 Million for fertilizers for rice farmers, RM 33.8 Billion total payments for subsidies, RM 1.6 Billion for padi related subsidies.

The allocations of Billions are specifically designed to benefit the majority community. The scores of Agricultural projects facilitated and coordinated by Mardi, Fama, Risda, Felda, Felcra, Agropolitan and various other state and federal land schemes, the Vetinary Services Department, Agriculture Department specifically excludes 99% of the deserving, needy and poor Indians.

To start off with 99% of even the pre-existing plantation workers families from during the colonial era were excluded from thousands of hectares of major land ownership schemes like Felda, Felcra, Risda, MADA and KADA. Why? The Indians too like the then Malay Muslims were the landless poor. This policy of excluding the landless Indian poor is still continued under the Ninth Malaysia Plan and the 2009 Budget for example in the latest Felda like Agropolitan land ownership scheme in Gahai, Pahang and Pulau Banggi in Sabah and Air Ganda in Perak.

Similarly thousands of hectares of agriculture land for high end and high quality live stock farming like boer and Jamnapari goats, deer, cows, rabbits, ikan keli, talapia, patin etc. have been awarded to many rich Malay Muslims and other Malay Muslims but excluded to again 99% of the poor and landless Indians. In addition to land these livestock farmers are also given low interest loans from especially Bank Pertanian and full back up from the Vetinary Services Department to the exclusion of 99% of the deserving and needy Indians.

The UMNO controlled Malaysian Government is embarked on thousands of hectares and Billions of Ringgit Malaysia worth of high impact projects to increase the household income of the hardcore poor from below RM 400.00 to up to RM 5000.00 in a Felda scheme as acknowledged by Deputy Prime Minister and Felda boss Dato Seri Najib Tun Razak.

UMNO controlled Sime Darby about the biggest plantation company in Malaysia makes a profit of RM 5.2 Billion [NTV 7 news at 1.00 pm on 27/08/08]. But the Indian labourers in these plantations die as poppers not having given land ownership schemes like Felda, Felcra, Risda etc. To start off with these plantation workers have never been given a monthly salary until 2006 when their monthly salary was fixed at RM 425.00 or so to be just above the hardcore poor live of RM 400.00 per month. Neither were bonuses paid to these Indian workers or any form of incentive and bonus shares in this company offered to these Indian workers. UMNO’s intention is very plain and obvious to exclude these plantation Indians from the mainstream development of Malaysia if not to turn them (877,833) into the Wawasan Indian slaves in 2020

(D) Poverty Safety Net and Welfare Assistance:

Every community in Malaysia except the Indians have a poverty safety net. The poor Malay Muslims have the traditional villages (Kampongs), the poor orang asli and the natives of Sabah and Sarawak have their ancestral land while the Chinese have their Chinese New Villages. To the poor Malays, Orang asli and the Natives of Sabah and Sarawak, the sky is the limit for them to open up agricultural land and to work on the same. But this option is not available to an Indian poor. Even if he tries opening up new agricultural land, he would at lighting speed be evicted and ejected from the land. Even in existing TOL, TNB Reserve, River Reserve and other state land they are occupying, they are evicted with a mere one A4 sheet of one weeks notice with no alternative land offered.

The 2009 Budget increases the state welfare assistance from RM 400.00 per month per household to RM 720.00 per month for the Peninsula. However in practice, the Welfare Department appear to have unofficial instructions from UMNO to exclude or minimize welfare help to about 90% of the Indians. To cite the latest example is the case of two brothers K. Arumugam (65) and K. Krishnan (62) who have been living in a ramshackle for over 10 years near Jalan Bukit Ubi Muslim cemetery, Kuantan [NST 3/09/08 page 21]. If not for Siva the Mill owner who owns the land, both these brothers would be on the streets. How did these two brothers escape the poverty safety net and welfare assistance for at least ten long years if not longer.
Answer- the UMNO controlled Welfare Services Department has unofficial instructions to exclude as many Indians as possible. Thousands of other Indians have similarly been excluded. To the contrary a poor Malay Muslim is some how taken care of. The latest example is the case “Ibu tunggal rayu bantuan” [Utusan 2/8/08] and “Penderitaan Che Su dapat perhatian”. Beberapa pegawai dan anggota Jabatan kebajikan Malaysia yang datang melawat meminta buku akaun dibuka untuk dimasukkan wang bantuan kebajikan Pusat Urus Zakat Pulau Penang juga hulurkan bantuan. This story was published with a full colour picture of the family and a big write up in Utusan 2/9/08 at page 27. But the earlier two elderly Indian brothers do not have an address to start off with!

(E) 40,000 Malaysian born Indian children denied Birth Certificates in Selangor

One of the demands in the 18 points demands made by Hindraf to Prime Minister Badawi dated 12/08/08 is for all Malaysian born children to be issued with Birth Certificates and Identity cards with Malaysian citizenship accordingly and not mere permanent residents. As was widely reported in the local media in 2007 and which has been brought to the attention of the Malaysian Prime Minister that 40,000 Indian children in the state of Selangor alone have been denied their birth certificates though they were born in Malaysia. We estimate about 150,000 Indian children in Peninsula Malaysia alone to have been denied birth certificates. We have been informed that there is a colony of one thousand over Indian plantation workers in Sabah who have similarly been denied birth certificates and identity cards. These stateless children can not enroll in primary schools to start off with and making them live at the mercy of others and with no freedom in Malaysia that has already been independent for 51 years.

Despite the fact that 40,000 Indian children born in Malaysia have been denied birth certificates in the State of Selangor alone the UMNO controlled Malaysian Government in it’s 2009 Budget did not make any allocations to resolve this very serious issue. To the contrary when UMNO is determined on any policy they go all out. For example UMNO directed it’s entire 3,526 front line Agriculture Department Staff to fully utilize an additional RM 3 Million allocation for food production under the Ninth Malaysia Plan [NST 27/08/08]. Similarly UMNO could have utilized some 3,526 officers and staff of the Home Ministry and the National Registration Department with an RM 51 Million allocation and resolve once and for all the issue of 150,000 Malaysian born Indians nationwide who have been denied birth certificates and identity cards. Thousands of these young boys and girls are denied into primary schools to start off with. Some Tamil schools headmasters take the risk and out of pity admit these children into Tamil schools. But then they are denied entry into any secondary schools as there are almost nil secondary school Indian Head Masters to take pity on these children. UMNO threw sand directly into their rice bowl by sending out a circular in 2007 to all Tamil schools not to admit these Indian children. In the Tamil Nesan on 14/06/08 reported that Ten Tamil School students were sacked from the Kapar Tamil School because they had no birth certificates. The Tamil Nesan also reported on 27/07/08 at page 4, of a 27 year old mentally challenged youth with no birth certificate was found crying as a child as his poor parents had abandoned him. The Tamil Nesan on 16/08/08 at page 16 reported that Mogana Sangari who scored 5As and 2Bs in UPSR still can’t get into secondary school. Despite a letter from the Education Minister from Putrajaya the state Education Department refuses to admit her. Had Mogana Sangari been a Malay Muslim she would have been taken into one of the elite residential school. Despite an Indian Deputy Minister’s interference, Mogana was still denied entry into a secondary school. This Indian “mandore” of UMNO does not even have the power to pick up the phone and instruct the State Education Department to take in this high achieving student. But this Indian Deputy Minister is supposed to be sharing power in the UMNO controlled Malaysian Government. Many of these technically “stateless” children are somehow pushed into the world of crime for their survival. They can not open a bank account, can not get a car driving license, can not buy a house, can not get a decent job, can not get a license to do business and have to live at the mercy of other people. Out of no or very little choice and almost no upward mobility opportunities. Some of the young girls are easily forced into prostitution and other vice activities. The young men end up becoming gangsters, robbers, hijackers and take up other high risk criminal activities as they do not have much to lose anyway. Others live a life of misery all through their lives and end up in the streets or some ramshackle hut next to Muslim cemetery in Kuantan for at least 10 years as happened to two Malaysian born brothers K. Arumugam (65) and K. Krishnan (62) who have only been issued with a Permanent Residence card. These two brothers may have suffered all their lives without a Birth Certificate and are going to die in misery in a few years time which are supposed to be their golden years. Perhaps UMNO intends it this way otherwise they would have put up an allocation of RM 51 Million and got this problem sorted out and solved once and for all within six months.

What is puzzling is since independence Two Million (mostly Malay Muslim) foreigners have been given citizenship [NST 15/04/08 Page 6]. Bur 150,000 local born Indians are being denied birth certificates and identity cards!


UMNO has allocated RM 100 Million for the urban poor. RM 330 Million for low cost housing and RM 500 Million to include urban poor and to include those earning up to RM 1,500 so that borrowers will be able to get out of poverty within five years of getting the loan which is for a maximum of up to RM 50,000.00. Also RM 6.27 Billion for rural, urban, hardcore poor, disabled, single mothers, senior citizens and orang asli. AIM increased its members from 3,220 in 1990 to 190,900 as at June 2008. RM 2.6 Billion disbursed as micro credit loans to business, agriculture, manufacturing, livestock and services repair and renovation of houses and purchase of consumer durables to improve lives.

RM 100 Million in AIM’s Programme Micro Bandar, RM 893 Million in Tekun Micro loans to 147,546 enterprises since 1999 through 193 branches at 4% interest. As of July 2008 a financial enterprise of six banks and three DFI gives micro financing to micro enterprises and self employed with an average financing of RM 9,800.00 per person.
RM 220 million for 13,300 households to increase their income and skills training under Skim Pembangunan Kesejahteraan Rakyat. From 2006 to 2008, 3,500 new houses built and 2,000 houses repaired under Programme Bantuan Rumah for the hardcore poor. For 2009, RM 50 million to build 1,400 new houses and repair 1,000 houses. Since established in 1987, RM 2.5 billion given by AIM to 180,000 households. Since 2004 to 2008, 100,000 low cost houses have been built. For 2009, RM 330 million has been allocated to Jabatan Perumahan Negara to complete 4.400 units of Program Permohan Rakyat (PPR) for rentals 1,500 units PPR bersepadu and 660 PPR to be owned. Syarikat Perumahan Negara Bhd would build 33,000 low cost houses, RM 50 Million for skim Jaminan Kredit Perumahan (SJKP) (Guaranteed Housing Credit Scheme) for non fixed income earners from Bank Islam and Bank Simpanan Nasional for purchase of low and medium cost houses. Injected with a further RM 100 Million SKJP can give out loans to 40,000 borrowers worth RM 2Billion. RM 50 Million to repair dilapidated houses of the poor under Programme Amal Jarriah. Up to now 4,600 houses have been repaired with a cost of RM 24 Million. For 2008, 8,400 houses expected to be built and 30,000 houses expected to be repaired under this programme.

Here again 99% the poor Indians and Indians from the lower income group have been excluded from the Millions and Billions of allocation. Indians having their houses repaired under these various schemes are unheard of. 90% of the deserving and needy Indians have been denied low cost housing. We have evidence of 100% of applications for micro credit AIM loans have been rejected as per the latest news report in the New Straits Times dated 01/09/08 at page 16. It has been reported that AIM has not given loans to any of the 200 people it had recommended this year says Malaysian Indian Business Association President Mr. P. Sivakumar who confirmed so vide his nationwide micro financing survey. In direct contrast up to 2006 Tekun Nasional has given out 134,000 loans to about 80,000 bumiputera borrowers (Utusan Malaysia 24/08/08 page 5). Another latest example in this area was reported in Tamil Nesan on 24/08/08 at page 5 that homeless Indian family living in abandoned shop house with no water and electricity in Kluang including a pregnant lady and school going children. The welfare officer who visited them did not even help put them in a home. In fact the local Kluang MIC had to arrange to send the school going children to nearby Tamil school. The Welfare Department however promised a sum of RM 100.00 per month which is 1,500 times below the mark set by the government for the lower income group. That too if this RM 100.00 is approved by the Welfare Department. Edisi siasat screened on NTV 7 at 6.30pm on 23/08/08 showed the family of Nagammal (31) with seven children and has been working as a cleaner lady at Sime Darby building for the past 10 years.. Her husband is in jail for a poverty related crime. Knowing that she and her seven children have no or very little opportunities to benefit from the Millions and Billions in the UMNO controlled Malaysian Government development plans some of which are also outlined in the Ninth Malaysia Plan hereinabove Nagammal tried giving poison to her children and when she failed, she just killed herself. To Nagammal and about 70% of the Indians in Malaysia there is no or hardly any opportunities for upward mobility. This programme then highlights another two families in the hardcore poor group earning RM 300.00 and RM 600.00 per month respectively. One family is forced to stop from school and send their 17 year old son to work at a coconut water stall. Finance Minister Noor Mohamad Yaakob states that there are 18,000 school dropouts according to the midterm review of the Ninth Malaysia Plan we estimate that 70% of these 18,000 school dropouts are Indians. The Lukut Tamil school is shoved upstairs a shop house. Standard 5 school child Papathy says that her class-room is congested with no playing field, no school assembly. Also screened were the living conditions and the houses of the plantation workers which has hardly seen any change since British colonial days and that of other labourers lorry drivers and general workers. This programme ended up with the (100,00 over) Hindraf rally on the 25th day of November 2007 having championed these causes. And finally the four Hindraf Lawyers being arrested and sentenced to two years jail without trial in an open court of law. During the Permatang Pauh by elections, MIC President Samy Vellu who had served as a minister for 30 years inadvertently admitted that the Indians in Kampong Bagan Serai and Seberang, Kuari, Permatang Pasir are living in worst conditions than in Africa. In other parts Indians are living in pathetic conditions in slumps [TV 3 news at 8.00pm on 22/08/08]. Despite all these pre-existing poor and poverty riddled Indian community, there was no policy statement by the Prime Minister not to exclude the Indians from the mainstream development.

(G) Human Development Capital:

The 2009 Budget allocates RM 47.7 Billion or 23% of the total Budget proposal to develop quality Human Development Capital, RM 2.4 Billion for Program Latihan dan Kemahiran. To achieve this RM 150 Million allocated to upgrade 13 polytechnics and 15 community colleges with an enrolment of 112,000 students. RM 200 Million allocated for Institute of Industrial Training and High Technology Training Centre. RM 360 Million for Institute Kemahiran Mara, Institute Kemahiran Tinggi Mara, Kolej Pelajaran Mara and Giat Mara. RM 70 Million to train 5,600 nurses in Nurses Training College by Ministry of Health. RM 30 Million to create Pusat latihan Jururawat in Wilayah Koridor Ekonomi Utara. Construction Industry Development Board will train 100,000 in the construction Industry, Technical, Ironworks, Management and Safety. RM 627 Million for polytechnics and community colleges.

Despite these Billions and Millions, a mere RM450,920 was spent on training 4,627 Indian students at RM95.00 per Indian student from 2006 to 2007 (Utusan Malaysia 27/06/08 Pg 7) Why should the Indians be pushed to the sidestream development by a mere allocation of RM95.00 per Indian student when there is a Budget allocation of RM47.7 Billion. Why can’t the Indian students be part of this RM47.7 Billion budget?

Another very glaring example is as was reported in Tamil Nesan on 12/08/08 at Pg 10 where Thayani Saravanan’s application to join a Government Nursing College was rejected. The Lunas MIC brought the matter to MIC President and after his intervention Thayani now gets the place. Thayani’s mother is a single parent and from the lower income group. Why should it take an Ex-Minister of 30 years standing to intervene for Thayani to secure a place for training when the overall training budget is for RM 47.7 Billion or 23% of the overall 2009 Budget?


It is plain and obvious from the above narration that the Indians have intentionally been excluded from the RM 207.93 Billion Budget and the mainstream development of Malaysia.. The example cited above where the Indians have been deliberately excluded from the mainstream development are merely the tip of the iceberg and are not isolated cases. Thousands of similar real examples happening on a day to day basis in Malaysia can be viewed in and

The Prime Minister has repeatedly said that in the mainstream development of Malaysia, no community should be left behind. But this over and over again, over the years seems merely a “political rhetoric” and merely in theory. In reality and at the ground level the sufferings and misery of the Indians are so punishing under UMNO controlled Malaysian Government’s racist and religious extremist policies in especially excluding the Indians from the mainstream development. Thus the Prime Minister’s wish for poverty to be eradicated by 2020 (NST 24/08/08 at Pg10) we suppose does not apply to the Indians.

We hereby demand that the 9th Malaysia Plan is reviewed not to exclude 99% of the Indians from the mainstream development of Malaysia and for UMNO to halt all its racist and religious extremist policies. We have heard enough of the policies were good but it was the implementation that went wrong excuse.

UMNO is now dealing with the 3rd and 4th generation Indians and no more our grandfathers and great grandfathers.

We hereby demand that the Prime Minister forthwith issues a circular to all the government authorities not to exclude 99% of the Indians from the mainstream development plans outlined in the Ninth Malaysia Plan and for all practices of racism and religious extremism to be stopped immediately.

We hereby demand the immediate formation of the Race Relations Commission and the Equal Opportunities Commission to deal with all complains of racism, religious extremism and the exclusion of 99% of the Indians from the mainstream development of Malaysia. On a wholesome basis and not on a piecemeal basis as currently assigned to a political party.

We want a permanent and genuine solution to the long standing misery of the Indians.

Thank You.

Yours faithfully,

P.Waytha Moorthy